IAS Mains Law Papers 1996

IAS Mains Law Science 1996

Paper I

Section A

Answer any three of the following (each answer should be in about 200 words):

Does the right to life and personal liberty in Article 21 of the Constitution embrace a right to clean, healthy and livable environment, using the expression environment in its broadest meaning as understood in contemporary jurisprudence? Examine the question in the background of cognate constitutional provisions and case-law.

Examine the contention that the Constitution 44th Amendment which has radically altered the character and content of the right to property violates the basic structure of the Constitution.

The doctrine of pith and substance introduces a great deal of flexibility into otherwise rigid scheme of the distribution of legislative powers. Explain.

The High Courts power of superintendence under Article 227 is of an administrative as well as of judicial nature. Discuss.

Answer the following questions

To what extent the Supreme Court has put a check on motivated and arbitrary dismissal of State governments by the Centre under Article 356? Refer to case-law.

The right to receive compensation in proceedings under Article 32 of the Constitution for violation of the fundamental right to life and personal liberty by public officials cannot be defeated by raising a plea of sovereign immunity. Discuss with the help of case-law.

Answer the following questions

What is the scope and content of the phrase reasonable opportunity of being heard in respect of those charges in Article 311 (2) of the Constitution of India? Does it embrace a right to receive a copy of the inquiry officers report? Refer to the case-law on the subject.

Discuss the constitutional position of President of India. On the eve of general elections to the

Lok Sabha and just after the last session of Parliament, the government sends an Ordinance to the President extending the benefit of job reservations to Dalit Christians. The President returns the Ordinance and asks the Cabinet to reconsider its advice. Is the action of President sustainable under the Constitution? Discuss.

Answer any two of the following:

Examine whether the opinion of the Chief-Justice of India in regard to the appointment of Judges to the Supreme Court and High Courts is entitled co primacy. Can the President of India disregard the said opinion when it is in conflict with the advice tendered by the Council of Ministers? Refer to the constitutional issues and the case-law on the point.

X has been sentenced to death for having committed several murders. He writes his autobiography in jail and hands over the same to his wife for publication. The autobiography depicts a close nexus between X and some top government officials, some of whom had been partners in these murders. Z, a publisher accepts the autobiography for publication. The Inspector-General Persons asks Z to stop publication of Xs autobiography as it contains defamatory material against State officials and is false. Z contends that the Inspector-General Prisons has no authority to impose a prior-restraint upon the publication of the autobiography. Decide.

In order to ensure availability of timber to the common man at a reasonable price, the State of UP declared timber as an essential commodity and imposed a total ban on the movement of timber from Uttar Pradesh to any other area outside the State. The law imposing a total ban is challenged as violative of Article 301. Decide.

Section B

Answer any three of the following (each answer should be in about 200 words):

A provision of treaty may sometime generate a rule of customary international law. Discuss.

Discuss with the help of suitable illustrations the productive and creative role played by the United Nations in shaping, developing and extending the normative content of contemporary international law.

While as a matter of international law, private rights acquired from an erstwhile sovereign do not cease to exist on a change of sovereignty, nevertheless, their enforcement as such rights in the courts of the successor sovereign may be barred by the act of State doctrine. Discuss and illustrate.

The exclusive economic zone is sui generis and although not territorial, it nevertheless, importantly modifies the regime of the High Seas over which it extends.

Critically examine this statement drawing attention to the special features and legal incidents of this new maritime features and legal incidents of this new maritime zone as established by the UN Sea Law Convention-1982.

Answer the following questions

Explain in the background of relevant U. N. Security Council Resolutions adopted in the context of the recent Gulf War and provisions of the U. N. Charter, the legal status of Operation Desert Storm mounted by the multinational forces under US Command to combat Iraqian aggression.

During the last decade laws of war have been replaced by international humanitarian law by introducing human rights rules and standards in the law of armed conflict. Discuss.

Answer any two of the following:

X, an American citizen published in Texas an article defamatory to a Mexican citizen Y. X was in Mexico on a temporary visit and was arrested by the Mexican government for prosecution. The US government protests against the action of the Mexican government. How will you decide?

State X deposited some gold in State Y. There was a rebellion in State X and the rebels were successful in establishing a parallel government. After some times State Y granted de jure recognition to the new government formed by rebels. The new government claims the gold deposited in State Y by the old government. Decide.

X was a terrorist. He caused two explosions in a Cafe in Sri Lanka. After committing the offence X field to England, Sri Lanka demands extradition of X, X contends that the nature of his crime was political and therefore, he could not be extradited. Discuss the validity of the claim of X, referring to the principle of non-extradition for political crimes and the exceptions thereto.

Rebus sic Stantibus in the Vienna Convention 1969 on the Law of Treaties

Paper II

Section A

Answer any three of the following (each answer should be in about 200 words):

Examine as to whether a person who causes death of a pregnant woman is guilty of committing one homicide or two.

Whereas in criminal conspiracy an agreement between two or more persons is needed, in abetment by conspiracy an engagement between them is enough. Examine.

Duties in tort exist by virtue of the law itself, and are not dependent upon the consent of the persons subjected to them. Examine.

Examine how and when a duty of care arises, breach of which on the part of the defendant makes him liable in an action for negligence. What is the liability, if any for negligent misstatement kilt which causes financial loss to the plaintiff?

Answer the following questions

When is a man said to commit the offence of rape?

Examine the criminal liability of A in the following:

A, with a known background of sleep-walking, got up from sleep one night, walked to the garage while asleep and drove away in his car in that condition for quite some distance. He halted the car at his brother-in-laws place, entered the room where his brother-in-law was asleep and gave a hard blow to him, thereby severely injuring-him. In a prosecution for attempt to commit murder As lawyer pleads non insane automatism, on the basis of which he seeks an acquittal. Decide. Do you think that this case should be dealt with under section 84 of the Indian Penal Code?

A buys milk from B knowing that it contains water, in order to have B prosecuted for selling adulterated milk. What offence has A committed?

Answer the following questions

Discuss the legal principles, in the background of the recent changes in the law, applicable to the determination of liability for injury caused by hazardous substances and also the nature of the said liability. Refer to relevant case law.

Examine the tortious liability of A in the following:

A pretends to lock the plaintiff in a room by purporting to turn the key of the door from outside and taking it away. The fact is that the door, thought shut, is not locked. The plaintiff remains in the room for two hours under the belief that he has been locked inside:

Branches of trees grown on Bs land overhang on the side of A. His neighbour A repeatedly requests B to cut off these overhanging branches so that A is able to enjoy sunlight. B does not pay heed to these requests. A goes on to the side of B and cuts off those branches

Answer the following questions

Discuss in detail the various provisions under section 7 of the Protection of Civil Rights Act, 1955 with respect to punishment for other offences arising out of untouchability.

Discuss in detail the very wide powers given to the food inspectors by the Prevention of Food

Adulteration Act, 1954.

Section B

Answer any three of the following (each answer should be n about 200 words):

A contract consists of the actionable promise or promises. Examine.

Liberty to trade is not an aspect which the law would permit a person to barter. Examine.

An agent is person employed to do any act for another in dealing with third parties. Examine.

Risk follows the owner is an established rule in sale of goods. Examine.

Answer the following questions

A quasi-contract arises out of judicial principles and not out of a contractual agreement between two persons. Examine.

The tenant and the sub-tenant of a certain premises agree between themselves that the subtenant would pay the tenants rent directly to the landlord. After paying the said rent for a certain period, the sub-tenant refuses to make further payments. The land-lord sues the subtenant.

The sub-tenant argues that there was no contract between him and the landlord.

Decide.

Answer the following questions

Examine the circumstances under which a firm may be dissolved on just and equitable grounds. Refer to various judicial pronouncements in this regard.

A sold a television by auction. It was knocked down in favour of B, who was allowed to take it on the condition that he would give a cheque for the price and the ownership would pass only when the cheque was cleared. The cheque given by B was not cleared, but in the meanwhile B sold the television to C. Discuss the validity of the title to C.

Answer the following questions

The greatest element of negotiability is the acquisition of property by your own conduct, not by anothers, that if you can take it bonafide and for value, nobody can deprive you of it. Examine.

Explain the scope and content of the expression contract of personal service in the exclusionary part of section 2 (1) (0) of the Consumer Protection Act, 1986. What is the distinction between contract of service and contract for services? In which category would you place the contract between a doctor and his patient? Is the service rendered by a doctor under such a contract covered by the exclusionary part of the definition of service in section 2 (1) (0) of the Act? Refer to case law.